Opinion

Commonwealth v. Stipetich

  • 423 Pa. Super. 427
  • 621 A.2d 606
  • 1993 Pa. Super. LEXIS 549
Court
Superior Court of Pennsylvania
Filed
Feb 9, 1993
Status
Published
Author
Sole
On the bench
Rowley, Cavanaugh, Cirillo, Olszewski, Sole, Popovich, Johnson, Hudock, Elliott
Cited by
6 cases

Reversed by Commonwealth v. Stipetich, 539 Pa. 428 (1995)

finding a formal non-prosecution agreement enforceable where the defendant performed in reliance on agreement

How later courts described this case

  • finding a formal non-prosecution agreement enforceable where the defendant performed in reliance on agreement
  • proper response to detrimental reliance procured through inaccurate police representations of nonprosecution is suppression of evidence, not dismissal

Written by the judges who cited it.

The opinion

DEL SOLE, Judge,

concurring.

I join Judge Johnson’s Opinion. I believe the concerns expressed by the dissents are best dealt with between district attorneys and law enforcement agencies.

We have no way of knowing how many times a day, throughout the Commonwealth, that police officers agree with a criminal suspect to reduce or to not file charges in exchange for investigative cooperation. It has been represented that this is a constantly used tool in law enforcement. If a local district attorney wishes to avoid being bound by such agreements, the remedy is to notify all police departments within the county and to seek administrative discipline against any officer who may violate the rule.

I would place this burden on the Commonwealth and its agencies, not the public.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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